ARmy Rumour SErvice

**dingerr** · 30-03-2012, 19:36

Have you considered legal action? MPH Solicitors in Manchester are very good at dealing with the military and do offer no win no fee depending on your case.

In all fairness, AFCS was not set up to address injuries received circumstances such as yours.

That's not to say I don't have every sympathy, it is shit and I hope you are duly compensated even if you have to go the long way round.

Even though you have been denied AFCS you are still entitled to comprehensive treatment at Headley Court, which is far better than anything the NHS can provide.

**EScotia** · 30-03-2012, 20:11

I was told by my unit after I got out of hospital that as NRPS I wasn't covered by AFCS/RFCS etc. so after being treated like something you would scrape from the bottom of your shoe by my CO & unit I decided to sue using Thorntons of Dundee (injury happened in Scotland so Scottish Law has to be applied). I later found out I was in fact covered so I'm currently out of pocket by £18,000 in legal fees plus the 25% of whatever the settlement is and the insurance policy premium.

We were at a pre-trial meeting this week, 3 years on, and strangely enough after being told to poke their initial offer by my legal team they rapidly got their pre-trial settlement up by almost treble and still got told to poke it.

The reason I'm chasing the AFCS is because of the GIP and tax free status for my pension. If I roll over I lose precious money to the tax man that I can ill afford thanks to the negligence of the MoD.

One of the bonus's of this is that I've gained knowledge and started looking at legislation. If you read the legislation covering AFCS you will find that the excuses used to stop my claim could very easily be used against someone on Ops who suffers the same or similar injury. Consider this, you are on Ops and an insurgent attacks your location. Once it's all over you go to wash your hands/face or take a dump. On the way you slip/trip or fall causing a serious injury.

Now according to the veterans agency you can't claim because you weren't in a hazardous area (attack was clearly over) or doing a hazardous activity (washing/taking a dump) and you weren't involved in training!

Edited to add:

As for rehab at Headley Court, I don't think so. My unit didn't even put me on WISMIS so I missed all the support & information I could have got at RECU (although as NRPS I'm not entitled to be posted there but I can get attached). I spent 2 1/2 years on daily physio on my own insistence at the local RAF base because all I got from the NHS was a booklet on physio exercises only to be told on my Med Board I was no longer covered by MoD insurance so I should stop.

My last 6 months consisted of having to drive myself to work so I could read or download relevant info so I knew what was coming or should have been happening because the unit basically wrote me off and abandoned me. I got no leaving interview by anyone in the CoC (although my QM sent me a nice email saying thanks for all the help & advice I'd given him). My RSM even ignored my offers of a presentation to the Mess of a military print I had (even had a presented to & by brass plate on it) so it's still sat in my garage. Needless to say the presentation fund I had built up got divided between 2 worthy causes with no top up by the unit by way of a whip round.

**dingerr** · 30-03-2012, 21:10

By your descriptor you would at best be awarded lvl 9 £40000 and 30% GIP payout. Your litigation has already risen above this limit, so you wouldn't receive anything.

However, from what you describe, it sounds like surgery has caused your functional limitation. Once your injury is deemed level 12 or lower you'll receive nothing.

It seems so little for the trouble and expense you seem prepared to go through for GIP.

As for your rehab, that is a different matter and I would suggest you call your Bde PRU for best advice. That said I've not heard a good word said about the PRUs North of the Border. If they give no satisfaction try 49Bde. The CO and his PROs are excellent.

**The_Snail** · 30-03-2012, 21:44

Originally Posted by dingerr

By your descriptor you would at best be awarded lvl 9 £40000 and 30% GIP payout. Your litigation has already risen above this limit, so you wouldn't receive anything.

However, from what you describe, it sounds like surgery has caused your functional limitation. Once your injury is deemed level 12 or lower you'll receive nothing.

It seems so little for the trouble and expense you seem prepared to go through for GIP.

As for your rehab, that is a different matter and I would suggest you call your Bde PRU for best advice. That said I've not heard a good word said about the PRUs North of the Border. If they give no satisfaction try 49Bde. The CO and his PROs are excellent.

I've got the numbers if needed (but he already knows that!)

**EScotia** · 31-03-2012, 09:16

Originally Posted by dingerr

By your descriptor you would at best be awarded lvl 9 £40000 and 30% GIP payout. Your litigation has already risen above this limit, so you wouldn't receive anything.

However, from what you describe, it sounds like surgery has caused your functional limitation. Once your injury is deemed level 12 or lower you'll receive nothing.

It seems so little for the trouble and expense you seem prepared to go through for GIP.

As for your rehab, that is a different matter and I would suggest you call your Bde PRU for best advice. That said I've not heard a good word said about the PRUs North of the Border. If they give no satisfaction try 49Bde. The CO and his PROs are excellent.

The advice I've received is either level 5 or 6 (items 1 & 3 of table 2) which equates to band B - 75% GIP payout and I'm aware that whatever the litigation results in will affect the AFCS award. As I've been medically discharged with a pension of less than £5k (taxable) and no possibility of working again, in constant pain and hardly able to walk I'm certainly going to fight to be able to better support my family.

Appreciate the advice on PRU and it could have been a good idea while I was still in, but unlike regular soldiers and mobilised TA, NRPS cannot get posted to a PRU but can, if the unit arrange it, get attached. As previously intimated my unit did diddly squat for me.

**The_Snail** · 31-03-2012, 16:44

Originally Posted by EScotia

The advice I've received is either level 5 or 6 (items 1 & 3 of table 2) which equates to band B - 75% GIP payout and I'm aware that whatever the litigation results in will affect the AFCS award. As I've been medically discharged with a pension of less than £5k (taxable) and no possibility of working again, in constant pain and hardly able to walk I'm certainly going to fight to be able to better support my family.

Appreciate the advice on PRU and it could have been a good idea while I was still in, but unlike regular soldiers and mobilised TA, NRPS cannot get posted to a PRU but can, if the unit arrange it, get attached. As previously intimated my unit did diddly squat for me.

I'll do some "Gentle Persuasion" on Monday for you to get you to a PRU. PM inbound.

**EScotia** · 03-04-2012, 12:54

Finally something goes my way at last. After the DLA Tribunal yesterday I got a letter this morning saying I'd been awarded DLA Care & Mobility components.

**dingerr** · 03-04-2012, 23:14

Originally Posted by EScotia

Finally something goes my way at last. After the DLA Tribunal yesterday I got a letter this morning saying I'd been awarded DLA Care & Mobility components.

I hope you got higher for mobility and at least middle for care.

**EScotia** · 04-04-2012, 08:50

Originally Posted by dingerr

I hope you got higher for mobility and at least middle for care.

Lower rate Care (but they acknowledged it will increase over time) and Higher rate Mobility. All backdated to 1 Jan when I applied.

**CO51xPRU** · 10-04-2012, 17:08

Originally Posted by EScotia

The advice I've received is either level 5 or 6 (items 1 & 3 of table 2) which equates to band B - 75% GIP payout and I'm aware that whatever the litigation results in will affect the AFCS award. As I've been medically discharged with a pension of less than £5k (taxable) and no possibility of working again, in constant pain and hardly able to walk I'm certainly going to fight to be able to better support my family.Appreciate the advice on PRU and it could have been a good idea while I was still in, but unlike regular soldiers and mobilised TA, NRPS cannot get posted to a PRU but can, if the unit arrange it, get attached. As previously intimated my unit did diddly squat for me.

Hi dingerr - interested by your comment on PRUs north of the border. There's only one and I command it. Very interested to know more details about the shortcomings you've heard of; we think we give a good service as do the soldiers who leave us. Don't know about EScotia, I'm afraid but he should press his unit to get him transferred to the PRU if he's been long term ill.